Published: Friday, January 25, 2013 at 11:06 a.m.

Last Modified: Friday, January 25, 2013 at 11:07 p.m.

Daytona Beach Shores police arrested and charged a man with a hate crime after investigations revealed he hurt a woman because of her sexual orientation, a police sergeant said.

The victim, local chef Denise Duarte, 50, of Daytona Beach, suffered a bruise and a cut to the back of her head when she hit the pavement after being pushed down by Adam Winterstein, police said.

The Daytona Beach Shores incident is the second hate crime charged locally this month. The other was in Daytona Beach and both were based on sexual orientation.

Winterstein, 32, of Daytona Beach, a bartender at One Horse Saloon in Holly Hill, injured Duarte in the parking lot of Metz Liquors, 2136 S. Atlantic Ave., at 1:15 a.m. Wednesday, according to an arrest report.

"It is a battery/hate crime reclassified as a third-degree felony," Fowler said.

An officer on patrol saw the woman lying on the ground in the parking lot with Winterstein walking around her and stopped to investigate, the report states.

Police investigations revealed Winterstein and his girlfriend Pia Hogue, 29, and Duarte were at Metz Liquors drinking and Winterstein was hateful toward Duarte, yelling at her and calling her names like "dyke and faggot," the report shows.

Duarte is the chef at Aurelia's in Daytona Beach Shores, a popular Italian restaurant for celebrities and the well-to-do. Duarte started running the operation when the owner and her mentor, Aurelia Esposito, died last year.

Winterstein continued to belittle Duarte throughout the night at the bar, police said. At one point, while inside the bar, Winterstein made a punching gesture toward the back of Duarte's head, a Metz Liquors bartender told police, according to the report.

Duarte told police that Winterstein followed her when she left the bar, insulting her for being gay and approached her as she stood talking to Hogue sitting in his car. He told Duarte to move away from the car and struck Duarte with his shoulder in her side, knocking her to the ground, police said.

Duarte did not return a message left at the restaurant Friday.

While police were helping Duarte, Hogue kept calling 9-1-1 even when police told her not to. Police saw her reaching for a small revolver she had in her waist but police secured the weapon, the report said.

Hogue was arrested for resisting arrest without violence and misuse of 9-1-1, police said.

Winterstein became confrontational with police after he was arrested and began kicking and banging his head on the rear window of the patrol car, police said.

FBI statistics for 2011 -- the most recent available -- show hate crimes over sexual orientation were reported in 45 states. The highest was in California with 216 cases reported. In Montana, Maryland, Missisippi, Delaware, Arkansas and Alabama, one case was reported in each state. Florida had 18 cases reported in 2011.

Duarte's case is the second hate crime reported locally in recent weeks.

On Jan. 2, three men -- Ryan Adkins, 26, Cortez Johnson, 22, and Bradley Griffin-Hadley, 25 -- were accused by Daytona Beach police of beating Errol Pendavis, 40, because he was gay.

The men yelled slurs at Pendavis as they beat him because he was gay, police said.

Pendarvis walked out of the Streamline Motel just before 2:30 a.m. Jan. 2, then was attacked and suffered bruises on his back, chest and arms and injuries to his left foot, according to a Daytona Beach police report.

Winterstein was out of the Volusia County Branch Jail on $3,500 bail; Hogue on $1,000 bail. Both bailed out Thursday.

<p>Daytona Beach Shores police arrested and charged a man with a hate crime after investigations revealed he hurt a woman because of her sexual orientation, a police sergeant said.</p><p>The victim, local chef Denise Duarte, 50, of Daytona Beach, suffered a bruise and a cut to the back of her head when she hit the pavement after being pushed down by Adam Winterstein, police said.</p><p>The Daytona Beach Shores incident is the second hate crime charged locally this month. The other was in Daytona Beach and both were based on sexual orientation.</p><p>Winterstein, 32, of Daytona Beach, a bartender at One Horse Saloon in Holly Hill, injured Duarte in the parking lot of Metz Liquors, 2136 S. Atlantic Ave., at 1:15 a.m. Wednesday, according to an arrest report.</p><p>Winterstein was charged with second-degree misdemeanor with prejudice, felony battery causing bodily harm and resisting an officer without violence, said Sgt. Mike Fowler, Daytona Beach Shores public safety spokesman.</p><p>"It is a battery/hate crime reclassified as a third-degree felony," Fowler said.</p><p>An officer on patrol saw the woman lying on the ground in the parking lot with Winterstein walking around her and stopped to investigate, the report states.</p><p>Police investigations revealed Winterstein and his girlfriend Pia Hogue, 29, and Duarte were at Metz Liquors drinking and Winterstein was hateful toward Duarte, yelling at her and calling her names like "dyke and faggot," the report shows.</p><p>Duarte is the chef at Aurelia's in Daytona Beach Shores, a popular Italian restaurant for celebrities and the well-to-do. Duarte started running the operation when the owner and her mentor, Aurelia Esposito, died last year.</p><p>Winterstein continued to belittle Duarte throughout the night at the bar, police said. At one point, while inside the bar, Winterstein made a punching gesture toward the back of Duarte's head, a Metz Liquors bartender told police, according to the report.</p><p>Duarte told police that Winterstein followed her when she left the bar, insulting her for being gay and approached her as she stood talking to Hogue sitting in his car. He told Duarte to move away from the car and struck Duarte with his shoulder in her side, knocking her to the ground, police said.</p><p>Duarte did not return a message left at the restaurant Friday.</p><p>While police were helping Duarte, Hogue kept calling 9-1-1 even when police told her not to. Police saw her reaching for a small revolver she had in her waist but police secured the weapon, the report said.</p><p>Hogue was arrested for resisting arrest without violence and misuse of 9-1-1, police said.</p><p>Winterstein became confrontational with police after he was arrested and began kicking and banging his head on the rear window of the patrol car, police said.</p><p>FBI statistics for 2011 -- the most recent available -- show hate crimes over sexual orientation were reported in 45 states. The highest was in California with 216 cases reported. In Montana, Maryland, Missisippi, Delaware, Arkansas and Alabama, one case was reported in each state. Florida had 18 cases reported in 2011.</p><p>Duarte's case is the second hate crime reported locally in recent weeks.</p><p>On Jan. 2, three men -- Ryan Adkins, 26, Cortez Johnson, 22, and Bradley Griffin-Hadley, 25 -- were accused by Daytona Beach police of beating Errol Pendavis, 40, because he was gay. </p><p>The men yelled slurs at Pendavis as they beat him because he was gay, police said.</p><p>Pendarvis walked out of the Streamline Motel just before 2:30 a.m. Jan. 2, then was attacked and suffered bruises on his back, chest and arms and injuries to his left foot, according to a Daytona Beach police report.</p><p>Winterstein was out of the Volusia County Branch Jail on $3,500 bail; Hogue on $1,000 bail. Both bailed out Thursday.</p><p>Neither Winterstein nor Hogue could be reached Friday for comment.</p>